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The letter that resolves most matters — sent or received.

Most Canadian copyright disputes never see a courtroom; they end with a well-drafted demand letter. Whether you need to send one that gets taken seriously or respond to one that landed in your inbox, the first draft — and the first response — shapes everything that follows.

I need to send a demandI received a demand letterHow matters proceed

Sending or receiving one

An effective demand letter does more than express anger. It establishes ownership, identifies the infringement precisely, states the legal basis, sets out specific required steps — removal, accounting, licensing fees — and imposes a realistic deadline. It is also written knowing a judge may read it later: overreaching threats and sloppy claims weaken the position they're meant to protect.

A demand letter is not a court order — but ignoring it is usually the worst available move. The right response starts with an honest assessment: Is the claim valid? Is the copying substantial? Does fair dealing or another exception apply? Is the demanded amount proportionate? Options range from compliance and negotiated licensing to a reasoned refusal — each with different risk.

Neither panic nor silence is a strategy. Both tend to be expensive.

Common situations

  • A rights holder wants copied content removed and compensation for past use.
  • A business received a letter over imagery, music or fonts used in marketing.
  • A stock photo agency or its lawyers are demanding retroactive licensing fees.
  • A former partner or contractor claims ownership of assets in active use.
  • A letter demands sums that appear disproportionate to the alleged use.
  • A deadline in a received letter is days away.

Factors that shape the strategy

  • Strength of the ownership claim and documentation behind it
  • Whether the alleged copying is substantial and whether exceptions apply
  • Proportionality: the demanded amount vs. realistic exposure
  • The other side's track record — settlement-oriented or litigious
  • Insurance coverage that may respond to the claim
  • Reputational and commercial context around the dispute

How a demand letters matter typically proceeds

STAGE 1
Assessment
The claim (or infringement) is evaluated: ownership, substantiality, exceptions, exposure and leverage.
STAGE 2
Position & strategy
Comply, negotiate, counter or refuse — the response posture is chosen before any contact is made.
STAGE 3
The letter
The demand or response is drafted with precision — factual, legally grounded and written for a judge's eyes.
STAGE 4
Resolution
Most matters settle at this stage: removal, licensing, payment or withdrawal. Escalation paths stay open if not.

Copyright Demand Letters FAQs

No — it is a private communication, not a court order. But it often starts limitation and costs consequences running, and how you respond can be raised in later proceedings. Treat it seriously without treating it as a verdict.

On either side of a demand letter?

Describe the situation and any deadline in the letter. Matters with deadlines are flagged for urgent review.

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